80_FR_27726 80 FR 27633 - Honey From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013

80 FR 27633 - Honey From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 93 (May 14, 2015)

Page Range27633-27635
FR Document2015-11577

On January 7, 2015, the Department of Commerce (``Department'') published the preliminary results of the twelfth administrative review, covering the period December 1, 2012, through November 30, 2013, of the antidumping duty order on honey from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results. After analyzing interested parties' comments, we made no changes for the final results of review. The final antidumping duty margins for this review are listed in the ``Final Results of Review'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 93 (Thursday, May 14, 2015)
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27633-27635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-863]


Honey From the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 7, 2015, the Department of Commerce 
(``Department'') published the preliminary results of the twelfth 
administrative review, covering the period December 1, 2012, through 
November 30, 2013, of the antidumping duty order on honey from the 
People's Republic of China (``PRC'').\1\ We gave interested parties an 
opportunity to comment on the Preliminary Results. After analyzing 
interested parties' comments, we made no changes for the final results 
of review. The final antidumping duty margins for this review are 
listed in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Honey From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 
862 (January 7, 2015) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective Date: May 14, 2015.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office V, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 2015, the Department published the Preliminary 
Results of this administrative review and invited interested parties to 
submit comments on our findings. On February 5, 2015, the mandatory 
respondent, Kunshan Xinlong Food Co., Ltd. (``Kunshan Xinlong''), filed 
a case brief.\2\ On February 13, 2015, Petitioners \3\ filed a rebuttal 
brief. The Department did not hold a public hearing pursuant to 19 CFR 
351.310(d), as interested parties did not request one. We conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the ``Act'').
---------------------------------------------------------------------------

    \2\ We note that the case brief was timely filed on February 5, 
2015, despite the erroneous date noted on the cover letter of the 
case brief.
    \3\ Petitioners are: American Honey Producers Association and 
Sioux Honey Association.

---------------------------------------------------------------------------

[[Page 27634]]

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
parties to this review are addressed in the ``Administrative Review of 
Honey from the People's Republic of China: Issues and Decision 
Memorandum for the Final Results'' (``Decision Memorandum''), dated 
concurrently with and hereby adopted by, this notice. A list of the 
issues which parties raised and to which we respond in the Decision 
Memorandum is attached to this notice as an Appendix. The Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and to all parties in 
the Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce building. In addition, parties can obtain a complete version 
of the Decision Memorandum on the Internet at http://trade.gov/enforcement/frn/index.html. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Scope of the Order

    The products covered by the order are natural honey, artificial 
honey containing more than 50 percent natural honey by weight, 
preparations of natural honey containing more than 50 percent natural 
honey by weight and flavored honey.\4\ The merchandise subject to the 
order is currently classifiable under subheadings 0409.00.00, 
1702.90.90 and 2106.90.99 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS subheadings are provided 
for convenience and customs purposes, the Department's written 
description of the merchandise is dispositive.\5\
---------------------------------------------------------------------------

    \4\ See Decision Memorandum for a complete description of the 
Scope of the Order.
    \5\ See Notice of Antidumping Duty Order And Amendment To Final 
Determination: Honey from the People's Republic of China, 66 FR 
59026 (December 10, 2001).
---------------------------------------------------------------------------

PRC-Wide Entity

    In the Preliminary Results, the Department indicated its intention 
to make a determination at the final results with respect to two 
companies for which the review was timely withdrawn: Fuzhou 
Shenglinmark Trade Co., Ltd., and Dongtai Peak Honey Industry Co., 
Ltd.\6\ In the Preliminary Results, we stated that ``because Fuzhou 
Shenglinmark Trade Co., Ltd. and Dongtai Peak were not eligible for 
separate-rate status at the initiation of the review, the Department's 
practice is to refrain from rescinding the review with respect to these 
two companies at this time . . . '' because ``while the request for 
review of these companies was timely withdrawn, we preliminarily 
determine that the companies remain part of the PRC-wide entity, which 
is under review for these preliminary results.'' \7\ We further stated 
that we ``will make a determination with respect to the PRC-wide entity 
at the conclusion of this review.'' \8\ Because there are no changes to 
the facts regarding these two companies since the Preliminary Results, 
we continue to find that Fuzhou Shenglinmark Trade Co., Ltd., and 
Dongtai Peak Honey Industry Co., Ltd. are part of the PRC-wide entity, 
which is under review.
---------------------------------------------------------------------------

    \6\ See Preliminary Results, 80 FR at 862 and accompanying 
Preliminary Decision Memorandum at pages 1-2 and 3-4. See also 
Letter from Petitioners re: ``Partial Withdrawal of Request for 12th 
Administrative Review,'' dated February 28, 2014.
    \7\ See Preliminary Results, 80 FR at 862 and accompanying 
Preliminary Decision Memorandum at pages 3-4.
    \8\ Id.
---------------------------------------------------------------------------

    As discussed in the Preliminary Results, the Department relied on 
facts available in making its preliminary determination with respect to 
Kunshan Xinlong, and treated it as part of the PRC-wide entity. We 
preliminarily drew an adverse inference in selecting from among the 
facts otherwise available. Because Kunshan Xinlong, as part of the PRC-
wide entity, withheld requested information, failed to provide 
information in a timely manner and in the form requested, and 
significantly impeded this proceeding, we continue to find that the 
PRC-wide entity failed to cooperate to the best of its ability and, 
accordingly, find it appropriate to assign it a margin based on adverse 
facts available (``AFA''). The Department's determination is in 
accordance with sections 776(a)(2)(A), (B), (C) and 776(b) of the 
Act.\9\ For a detailed discussion regarding Kunshan Xinlong, see 
Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See, e.g., Non-Malleable Cast Iron Pipe Fittings from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, 71 FR 69546 (December 1, 2006) and 
accompanying Issues and Decision Memorandum at Comment 1. See also 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Preliminary Results of the First Administrative Review and 
New Shipper Review, 72 FR 10689, 10692 (March 9, 2007) (decision to 
apply total AFA to the NME-wide entity) unchanged in Certain Frozen 
Warmwater Shrimp From the Socialist Republic of Vietnam: Final 
Results of the First Antidumping Duty Administrative Review and 
First New Shipper Review, 72 FR 52052 (September 12, 2007).
---------------------------------------------------------------------------

Final Results of Review

    As a result of this administrative review, the weighted-average 
dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                              Margin
                 Manufacturer/exporter                     (dollars per
                                                            kilogram)
------------------------------------------------------------------------
PRC-wide entity 10.....................................            2.63
------------------------------------------------------------------------

Assessment

    Consistent with these final results, and pursuant to section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department will 
direct U.S. Customs and Border Protection (``CBP'') to assess 
antidumping duties on all appropriate entries. Consistent with AR5 
Final Results, we will direct CBP to assess importer-specific 
assessments rates based on the resulting per-unit (i.e., per kilogram) 
amount on each entry of the subject merchandise during the review 
period.\11\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review.
---------------------------------------------------------------------------

    \10\ The PRC-wide entity includes: Kunshan Xinlong Food Co., 
Ltd., Fuzhou Shenglinmark Trade Co., Ltd., and Dongtai Peak Honey 
Industry Co., Ltd.
    \11\ See Honey from the People's Republic of China: Final 
Results and Rescission, In Part, of Aligned Antidumping Duty 
Administrative Review and New Shipper Review, 73 FR 424321 (July 21, 
2008) (``AR5 Final Results'').
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. Additionally, if the Department determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number will be 
liquidated at the PRC-wide rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter 
listed above, the cash deposit rate will be established in the final 
results of this review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, no cash deposit will be required for that 
company); (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have separate rates, the cash

[[Page 27635]]

deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate $2.63 per 
kilogram; and (4) for all non-PRC exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the PRC exporters that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: May 7, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Decision Memorandum

I. Summary
II. Background
    1. Scope of the Order
    2. Case Timeline
III. Discussion of the Issues
    Comment 1: Whether the Department's Rejection of Kunshan 
Xinlong's Post-Deadline Extension Requests Was Appropriate
    Comment 2: Whether the Department Properly Disallowed Kunshan 
Xinlong to Submit a Supplemental Section C Questionnaire Response
    Comment 3: Whether the Adverse Inference Is Appropriate
    Comment 4: Whether the AFA Rate Is Appropriate
IV. Recommendation

[FR Doc. 2015-11577 Filed 5-13-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices                                                    27633

                                              Ductile cast iron fittings with                         for consumption on or after the                       DEPARTMENT OF COMMERCE
                                              mechanical joint ends (MJ), or push on                  publication date, as provided by section
                                              ends (PO), or flanged ends and                          751(a)(2)(C) of the Act: (1) For                      International Trade Administration
                                              produced to the American Water Works                    previously investigated or reviewed PRC
                                              Association (‘‘AWWA’’) specifications                   and non-PRC exporters which are not                   [A–570–863]
                                              AWWA C110 or AWWA C153 are not                          under review in this segment of the
                                              included.                                               proceeding but which have separate                    Honey From the People’s Republic of
                                                 Imports of subject merchandise are                   rates, the cash deposit rate will continue            China: Final Results of Antidumping
                                              currently classifiable in the Harmonized                to be the exporter-specific rate                      Duty Administrative Review; 2012–
                                              Tariff Schedule of the United States                    published for the most recent period; (2)             2013
                                              (‘‘HTSUS’’) under item numbers                          for all PRC exporters of subject
                                              7307.11.00.30, 7307.11.00.60,                                                                                 AGENCY:   Enforcement and Compliance,
                                                                                                      merchandise that have not been found                  International Trade Administration,
                                              7307.19.30.60, 7307.19.30.85,
                                                                                                      to be entitled to a separate rate,                    Department of Commerce.
                                              7326.90.8588. HTSUS subheadings are
                                                                                                      including OIC, the cash deposit rate will             SUMMARY: On January 7, 2015, the
                                              provided for convenience and customs
                                              purposes. The written description of the                be the PRC-wide rate of 75.50 percent;                Department of Commerce
                                              scope of the order is dispositive.3                     and (3) for all non-PRC exporters of                  (‘‘Department’’) published the
                                                                                                      subject merchandise which have not                    preliminary results of the twelfth
                                              Period of Review                                        received their own rate, the cash deposit             administrative review, covering the
                                                The period of review is April 1, 2013,                rate will be the rate applicable to the               period December 1, 2012, through
                                              through March 31, 2014.                                 PRC exporter(s) that supplied that non-               November 30, 2013, of the antidumping
                                                                                                      PRC exporter. These deposit                           duty order on honey from the People’s
                                              Final Results of Review                                 requirements, when imposed, shall                     Republic of China (‘‘PRC’’).1 We gave
                                                 As noted the Preliminary Results, OIC                remain in effect until further notice.                interested parties an opportunity to
                                              has not demonstrated its eligibility for a                                                                    comment on the Preliminary Results.
                                              separate rate. Thus, for these final                    Notification to Importers Regarding the               After analyzing interested parties’
                                              results, the Department continues to                    Reimbursement of Duties                               comments, we made no changes for the
                                              find that OIC is part of the PRC-wide                      This notice serves as a final reminder             final results of review. The final
                                              entity and therefore, subject to the rate                                                                     antidumping duty margins for this
                                                                                                      to importers of their responsibility
                                              previously established for the PRC-wide                                                                       review are listed in the ‘‘Final Results
                                                                                                      under 19 CFR 351.402(f)(2) to file a
                                              entity (i.e., 75.50 percent).                                                                                 of Review’’ section below.
                                                                                                      certificate regarding the reimbursement
                                              Assessment                                              of antidumping duties prior to                        DATES: Effective Date: May 14, 2015.
                                                                                                      liquidation of the relevant entries                   FOR FURTHER INFORMATION CONTACT:
                                                 The Department will determine, and
                                              U.S. Customs and Border Protection                      during this POR. Failure to comply with               Irene Gorelik, AD/CVD Operations,
                                              (‘‘CBP’’) shall assess, antidumping                     this requirement could result in the                  Office V, Import Administration,
                                              duties on all appropriate entries covered               Department’s presumption that                         International Trade Administration,
                                              by this review.4 The Department intends                 reimbursement of antidumping duties                   U.S. Department of Commerce, 14th
                                              to issue assessment instructions to CBP                 has occurred and the subsequent                       Street and Constitution Avenue NW.,
                                              15 days after the date of publication of                assessment of doubled antidumping                     Washington, DC 20230; telephone: (202)
                                              these final results of review. The                      duties.                                               482–6905.
                                              Department intends to instruct CBP to                                                                         SUPPLEMENTARY INFORMATION:
                                              liquidate entries of subject merchandise                Notification to Interested Parties
                                                                                                                                                            Background
                                              from OIC at the PRC-wide rate of 75.50                    This notice also serves as a reminder
                                              percent.                                                                                                        On January 7, 2015, the Department
                                                                                                      to parties subject to the administrative              published the Preliminary Results of
                                              Cash Deposit Requirements                               protective order (‘‘APO’’) of their                   this administrative review and invited
                                                                                                      responsibility concerning the                         interested parties to submit comments
                                                The following cash deposit
                                              requirements will be effective upon                     disposition of proprietary information                on our findings. On February 5, 2015,
                                              publication of the final results of this                disclosed under APO in accordance                     the mandatory respondent, Kunshan
                                              administrative review for all shipments                 with 19 CFR 351.305(a)(3). Timely                     Xinlong Food Co., Ltd. (‘‘Kunshan
                                              of the subject merchandise from the PRC                 notification of the destruction of APO                Xinlong’’), filed a case brief.2 On
                                              entered, or withdrawn from warehouse,                   materials or conversion to judicial                   February 13, 2015, Petitioners 3 filed a
                                                                                                      protective order is hereby requested.                 rebuttal brief. The Department did not
                                                 3 On April 21, 2009, in consultation with CBP, the   Failure to comply with the regulations                hold a public hearing pursuant to 19
                                              Department added the following HTSUS                    and the terms of an APO is a                          CFR 351.310(d), as interested parties did
                                              classification to the AD/CVD module for pipe
                                              fittings: 7326.90.8588. See Memorandum from
                                                                                                      sanctionable violation.                               not request one. We conducted this
                                              Abdelali Elouaradia, Office Director, Import              We are issuing and publishing these                 administrative review in accordance
                                              Administration, Office 4 to Stephen Claeys, Deputy
                                                                                                      results and this notice in accordance                 with section 751 of the Tariff Act of
                                              Assistant Secretary, Import Administration                                                                    1930, as amended (the ‘‘Act’’).
                                              regarding the Final Scope Ruling on Black Cast Iron     with sections 751(a)(1) and 777(i) of the
                                              Cast, Green Ductile Flange and Twin Tee,                Act.
                                                                                                                                                               1 See Honey From the People’s Republic of China:
                                              antidumping duty order on non-malleable iron cast
tkelley on DSK3SPTVN1PROD with NOTICES




                                              pipe fittings from China, dated September 19, 2008;       Dated: May 7, 2015.                                 Preliminary Results of Antidumping Duty
                                              see also Memorandum to the file from Karine             Paul Piquado,                                         Administrative Review; 2012–2013, 80 FR 862
                                              Gziryan, Financial Analyst, Office 4, regarding                                                               (January 7, 2015) (‘‘Preliminary Results’’).
                                              Module Update adding Harmonized Tariff Schedule         Assistant Secretary for Enforcement and                  2 We note that the case brief was timely filed on

                                              Number for twin tin fitting included in the scope       Compliance.                                           February 5, 2015, despite the erroneous date noted
                                              of antidumping order on non-malleable iron cast         [FR Doc. 2015–11655 Filed 5–13–15; 8:45 am]           on the cover letter of the case brief.
                                              pipe fittings from China, dated April 22, 2009.                                                                  3 Petitioners are: American Honey Producers
                                                 4 See 19 CFR 351.212(b)(1).                          BILLING CODE 3510–DS–P
                                                                                                                                                            Association and Sioux Honey Association.



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                                              27634                          Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices

                                              Analysis of Comments Received                           Results, we stated that ‘‘because Fuzhou                Final Results of Review
                                                 All issues raised in the case and                    Shenglinmark Trade Co., Ltd. and                          As a result of this administrative
                                              rebuttal briefs submitted by parties to                 Dongtai Peak were not eligible for                      review, the weighted-average dumping
                                              this review are addressed in the                        separate-rate status at the initiation of               margin for the POR is as follows:
                                              ‘‘Administrative Review of Honey from                   the review, the Department’s practice is
                                              the People’s Republic of China: Issues                  to refrain from rescinding the review                                                           Margin
                                              and Decision Memorandum for the                         with respect to these two companies at                      Manufacturer/exporter             (dollars per
                                                                                                      this time . . . ’’ because ‘‘while the                                                         kilogram)
                                              Final Results’’ (‘‘Decision
                                              Memorandum’’), dated concurrently                       request for review of these companies                   PRC-wide entity 10 ................      2.63
                                              with and hereby adopted by, this notice.                was timely withdrawn, we preliminarily
                                              A list of the issues which parties raised               determine that the companies remain                     Assessment
                                              and to which we respond in the                          part of the PRC-wide entity, which is
                                              Decision Memorandum is attached to                      under review for these preliminary                         Consistent with these final results,
                                              this notice as an Appendix. The                         results.’’ 7 We further stated that we                  and pursuant to section 751(a)(2)(C) of
                                              Decision Memorandum is a public                         ‘‘will make a determination with respect                the Act and 19 CFR 351.212(b), the
                                              document and is on file electronically                  to the PRC-wide entity at the conclusion                Department will direct U.S. Customs
                                              via Enforcement and Compliance’s                        of this review.’’ 8 Because there are no                and Border Protection (‘‘CBP’’) to assess
                                              Antidumping and Countervailing Duty                     changes to the facts regarding these two                antidumping duties on all appropriate
                                              Centralized Electronic Service System                   companies since the Preliminary                         entries. Consistent with AR5 Final
                                              (‘‘ACCESS’’). ACCESS is available to                    Results, we continue to find that Fuzhou                Results, we will direct CBP to assess
                                              registered users at http://                                                                                     importer-specific assessments rates
                                                                                                      Shenglinmark Trade Co., Ltd., and
                                              access.trade.gov and to all parties in the                                                                      based on the resulting per-unit (i.e., per
                                                                                                      Dongtai Peak Honey Industry Co., Ltd.
                                              Central Records Unit (‘‘CRU’’), Room                                                                            kilogram) amount on each entry of the
                                                                                                      are part of the PRC-wide entity, which
                                              7046 of the main Department of                                                                                  subject merchandise during the review
                                                                                                      is under review.
                                              Commerce building. In addition, parties                                                                         period.11 The Department intends to
                                              can obtain a complete version of the                       As discussed in the Preliminary                      issue assessment instructions to CBP 15
                                              Decision Memorandum on the Internet                     Results, the Department relied on facts                 days after the publication date of the
                                              at http://trade.gov/enforcement/frn/                    available in making its preliminary                     final results of this review.
                                              index.html. The signed Decision                         determination with respect to Kunshan                      For entries that were not reported in
                                              Memorandum and the electronic                           Xinlong, and treated it as part of the                  the U.S. sales database submitted by an
                                              versions of the Decision Memorandum                     PRC-wide entity. We preliminarily drew                  exporter individually examined during
                                              are identical in content.                               an adverse inference in selecting from                  this review, the Department will
                                                                                                      among the facts otherwise available.                    instruct CBP to liquidate such entries at
                                              Scope of the Order                                      Because Kunshan Xinlong, as part of the                 the PRC-wide rate. Additionally, if the
                                                 The products covered by the order are                PRC-wide entity, withheld requested                     Department determines that an exporter
                                              natural honey, artificial honey                         information, failed to provide                          under review had no shipments of the
                                              containing more than 50 percent natural                 information in a timely manner and in                   subject merchandise, any suspended
                                              honey by weight, preparations of natural                the form requested, and significantly                   entries that entered under that
                                              honey containing more than 50 percent                   impeded this proceeding, we continue                    exporter’s case number will be
                                              natural honey by weight and flavored                    to find that the PRC-wide entity failed                 liquidated at the PRC-wide rate.
                                              honey.4 The merchandise subject to the                  to cooperate to the best of its ability and,
                                                                                                                                                              Cash Deposit Requirements
                                              order is currently classifiable under                   accordingly, find it appropriate to assign
                                              subheadings 0409.00.00, 1702.90.90 and                  it a margin based on adverse facts                         The following cash deposit
                                              2106.90.99 of the Harmonized Tariff                     available (‘‘AFA’’). The Department’s                   requirements will be effective upon
                                              Schedule of the United States                           determination is in accordance with                     publication of these final results of
                                              (‘‘HTSUS’’). Although the HTSUS                         sections 776(a)(2)(A), (B), (C) and 776(b)              administrative review for all shipments
                                              subheadings are provided for                            of the Act.9 For a detailed discussion                  of the subject merchandise entered, or
                                              convenience and customs purposes, the                   regarding Kunshan Xinlong, see                          withdrawn from warehouse, for
                                              Department’s written description of the                 Decision Memorandum.                                    consumption on or after the publication
                                              merchandise is dispositive.5                                                                                    date, as provided for by section
                                                                                                      Petitioners re: ‘‘Partial Withdrawal of Request for
                                                                                                                                                              751(a)(2)(C) of the Act: (1) For the
                                              PRC-Wide Entity                                                                                                 exporter listed above, the cash deposit
                                                                                                      12th Administrative Review,’’ dated February 28,
                                                In the Preliminary Results, the                       2014.                                                   rate will be established in the final
                                              Department indicated its intention to                      7 See Preliminary Results, 80 FR at 862 and
                                                                                                                                                              results of this review (except, if the rate
                                              make a determination at the final results               accompanying Preliminary Decision Memorandum            is zero or de minimis, i.e., less than 0.5
                                                                                                      at pages 3–4.
                                              with respect to two companies for                          8 Id.                                                percent, no cash deposit will be
                                              which the review was timely                                9 See, e.g., Non-Malleable Cast Iron Pipe Fittings   required for that company); (2) for
                                              withdrawn: Fuzhou Shenglinmark                          from the People’s Republic of China: Final Results      previously investigated or reviewed PRC
                                              Trade Co., Ltd., and Dongtai Peak Honey                 of Antidumping Duty Administrative Review, 71 FR        and non-PRC exporters not listed above
                                              Industry Co., Ltd.6 In the Preliminary                  69546 (December 1, 2006) and accompanying Issues        that have separate rates, the cash
                                                                                                      and Decision Memorandum at Comment 1. See also
                                                                                                      Certain Frozen Warmwater Shrimp from the
                                                 4 See Decision Memorandum for a complete                                                                        10 The PRC-wide entity includes: Kunshan
                                                                                                      Socialist Republic of Vietnam: Preliminary Results
tkelley on DSK3SPTVN1PROD with NOTICES




                                              description of the Scope of the Order.                  of the First Administrative Review and New Shipper      Xinlong Food Co., Ltd., Fuzhou Shenglinmark
                                                 5 See Notice of Antidumping Duty Order And                                                                   Trade Co., Ltd., and Dongtai Peak Honey Industry
                                                                                                      Review, 72 FR 10689, 10692 (March 9, 2007)
                                              Amendment To Final Determination: Honey from            (decision to apply total AFA to the NME-wide            Co., Ltd.
                                              the People’s Republic of China, 66 FR 59026             entity) unchanged in Certain Frozen Warmwater              11 See Honey from the People’s Republic of China:
                                              (December 10, 2001).                                    Shrimp From the Socialist Republic of Vietnam:          Final Results and Rescission, In Part, of Aligned
                                                 6 See Preliminary Results, 80 FR at 862 and          Final Results of the First Antidumping Duty             Antidumping Duty Administrative Review and New
                                              accompanying Preliminary Decision Memorandum            Administrative Review and First New Shipper             Shipper Review, 73 FR 424321 (July 21, 2008)
                                              at pages 1–2 and 3–4. See also Letter from              Review, 72 FR 52052 (September 12, 2007).               (‘‘AR5 Final Results’’).



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                                                                             Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Notices                                                     27635

                                              deposit rate will continue to be the                      Comment 2: Whether the Department                   the preliminary determination until no
                                              exporter-specific rate published for the                     Properly Disallowed Kunshan Xinlong to           later than 130 days after the date on
                                              most recent period; (3) for all PRC                          Submit a Supplemental Section C                  which the Department initiated the
                                              exporters of subject merchandise which                       Questionnaire Response                           investigation.
                                                                                                        Comment 3: Whether the Adverse                         On May 4, 2015, the petitioners 2
                                              have not been found to be entitled to a                      Inference Is Appropriate
                                              separate rate, the cash deposit rate will                 Comment 4: Whether the AFA Rate Is
                                                                                                                                                            submitted a timely request pursuant to
                                              be the PRC-wide rate $2.63 per                               Appropriate                                      section 703(c)(1)(A) of the Act and 19
                                              kilogram; and (4) for all non-PRC                       IV. Recommendation                                    CFR 351.205(e) to postpone the
                                              exporters of subject merchandise which                                                                        preliminary determinations.3 Therefore,
                                                                                                      [FR Doc. 2015–11577 Filed 5–13–15; 8:45 am]
                                              have not received their own rate, the                                                                         in accordance with section 703(c)(1)(A)
                                                                                                      BILLING CODE 3510–DS–P
                                              cash deposit rate will be the rate                                                                            of the Act, we are fully extending the
                                              applicable to the PRC exporters that                                                                          due date for the preliminary
                                              supplied that non-PRC exporter. These                   DEPARTMENT OF COMMERCE                                determination to not later than 130 days
                                              deposit requirements, when imposed,                                                                           after the day on which the investigation
                                              shall remain in effect until further                    International Trade Administration                    was initiated. As a result, the deadline
                                              notice.                                                                                                       for completion of the preliminary
                                                                                                      [C–570–025, C–533–862, C–523–811]                     determination is now August 7, 2015.
                                              Reimbursement of Duties                                                                                          This notice is issued and published
                                                                                                      Certain Polyethylene Terephthalate
                                                This notice also serves as a final                                                                          pursuant to section 703(c)(2) of the Act
                                                                                                      Resin From the People’s Republic of
                                              reminder to importers of their                                                                                and 19 CFR 351.205(f)(1).
                                                                                                      China, India and the Sultanate of
                                              responsibility under 19 CFR 351.402(f)                  Oman: Postponement of Preliminary                       Dated: May 7, 2015.
                                              to file a certificate regarding the                     Determinations in the Countervailing                  Ronald K Lorentzen,
                                              reimbursement of antidumping duties                     Duty Investigations                                   Acting Assistant Secretary for Enforcement
                                              prior to liquidation of the relevant                                                                          and Compliance.
                                              entries during this POR. Failure to                     AGENCY:  Enforcement and Compliance,                  [FR Doc. 2015–11654 Filed 5–13–15; 8:45 am]
                                              comply with this requirement could                      International Trade Administration,
                                                                                                                                                            BILLING CODE 3510–DS–P
                                              result in the Department’s presumption                  Department of Commerce.
                                              that reimbursement of antidumping                       FOR FURTHER INFORMATION CONTACT:
                                              duties has occurred and the subsequent                  David Cordell (India) at (202) 482–0408,              DEPARTMENT OF COMMERCE
                                              assessment of doubled antidumping                       Ilissa Shefferman (People’s Republic of
                                              duties.                                                 China) at (202) 482–4684, and Thomas                  National Oceanic and Atmospheric
                                                                                                      Martin (Sultanate of Oman) at (202)                   Administration
                                              Administrative Protective Order
                                                                                                      482–3935, AD/CVD Operations,                          RIN 0648–XD773
                                                This notice also serves as a reminder                 Enforcement and Compliance,
                                              to parties subject to administrative                    International Trade Administration,                   Takes of Marine Mammals Incidental to
                                              protective order (‘‘APO’’) of their                     Department of Commerce, 14th Street                   Specified Activities; Marine
                                              responsibility concerning the return or                 and Constitution Avenue NW.,                          Geophysical Survey in the Northwest
                                              destruction of proprietary information                  Washington, DC 20230.                                 Atlantic Ocean Offshore New Jersey,
                                              disclosed under APO in accordance                       SUPPLEMENTARY INFORMATION:                            June to August, 2015
                                              with 19 CFR 351.305, which continues
                                              to govern business proprietary                          Background                                            AGENCY:  National Marine Fisheries
                                              information in this segment of the                         On March 30, 2015, the Department of               Service (NMFS), National Oceanic and
                                              proceeding. Timely written notification                 Commerce (the Department) initiated                   Atmospheric Administration (NOAA),
                                              of the return/destruction of APO                        countervailing duty investigations on                 Commerce.
                                              materials or conversion to judicial                     certain polyethylene terephthalate resin              ACTION: Notice; issuance of an incidental
                                              protective order is hereby requested.                   from the People’s Republic of China                   harassment authorization.
                                              Failure to comply with the regulations                  (PRC), India, and the Sultanate of Oman
                                              and terms of an APO is a violation                                                                            SUMMARY:   In accordance with the
                                                                                                      (Oman).1 Currently, the preliminary                   Marine Mammal Protection Act
                                              which is subject to sanction.                           determinations are due no later than
                                                We are issuing and publishing this                                                                          (MMPA) implementing regulations, we
                                                                                                      June 3, 2015.                                         hereby give notice that we have issued
                                              administrative review and notice in
                                              accordance with sections 751(a)(1) and                  Postponement of the Preliminary                       an Incidental Harassment Authorization
                                              777(i) of the Act.                                      Determination                                         (Authorization) to Lamont-Doherty
                                                                                                                                                            Earth Observatory (Lamont-Doherty), a
                                                Dated: May 7, 2015.                                     Section 703(b)(1) of the Tariff Act of
                                                                                                                                                            component of Columbia University, in
                                              Paul Piquado,                                           1930, as amended (the Act), requires the
                                                                                                                                                            collaboration with the National Science
                                              Assistant Secretary for Enforcement and                 Department to issue the preliminary
                                                                                                                                                            Foundation (NSF), to take marine
                                              Compliance.                                             determination in a countervailing duty
                                                                                                                                                            mammals, by harassment, incidental to
                                                                                                      investigation within 65 days after the
                                              Appendix—List of Topics Discussed in                                                                          conducting a marine geophysical
                                                                                                      date on which the Department initiated
                                              the Decision Memorandum                                                                                       (seismic) survey in the northwest
                                                                                                      the investigation. However, if the
                                                                                                                                                            Atlantic Ocean off the New Jersey coast
                                              I. Summary                                              petitioner makes a timely request for an
                                                                                                                                                            June through August, 2015.
                                              II. Background                                          extension in accordance with 19 CFR
tkelley on DSK3SPTVN1PROD with NOTICES




                                                 1. Scope of the Order                                351.205(e), section 703(c)(1)(A) of the                  2 DAK Americas, LLC, M&G Chemicals, and Nan
                                                 2. Case Timeline                                     Act allows the Department to postpone                 Ya Plastics Corporation, America, (the petitioners).
                                              III. Discussion of the Issues                                                                                    3 See Letters from Petitioners, entitled
                                                 Comment 1: Whether the Department’s                    1 See Certain Polyethylene Terephthalate Resin      ‘‘Polyethylene Terephthalate Resin From the
                                                    Rejection of Kunshan Xinlong’s Post-              from the People’s Republic of China, India, and the   People’s Republic of China, India and Sultanate of
                                                    Deadline Extension Requests Was                   Sultanate of Oman: Initiation of Countervailing       Oman: Petitioners’ Request for Extension of the
                                                    Appropriate                                       Duty Investigations, 80 FR 18376 (April 6, 2015).     Preliminary Determination,’’ dated May 4, 2015.



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Document Created: 2015-12-15 15:32:54
Document Modified: 2015-12-15 15:32:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactIrene Gorelik, AD/CVD Operations, Office V, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.
FR Citation80 FR 27633 

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